Texans might be fully aware of the grounds for the end of a marriage and divorce legal issues in the state, but there are circumstances when it is possible, advisable or desired to end a marriage through an annulment. With an annulment, the marriage is treated as if it never took place to begin with. This can be an effective tool for a multitude of reasons. Those who are facing certain issues that fall under the law to have a marriage annulled should consider it as an option.
If a person is under the age of 18, an annulment can be granted if the person was 16 or older but under 18 and the marriage was conducted without the parent’s approval or without a court order. If this is the situation, there can be a petition for annulment by a next friend, a parent, or a conservator or guardian. There can also be a discretionary annulment of underage marriage. This does not need to have a jury and the court will consider all pertinent facts that relate to the welfare of the parties who were married. Included is if the female is pregnant.
An annulment can be granted if alcohol or narcotics were involved in the marriage. If the petitioner was under the influence and did not have the capacity to enter into the marriage and the petitioner has not been a voluntary cohabitant with the other party since the effect of the intoxicants wore off, then there can be an annulment. Impotency is another reason for an annulment. It is possible if either party was permanently impotent at the time of the marriage, the petitioner was not aware of the impotency at the time of the marriage, and the petitioner did not cohabitate with the other party voluntarily since learning that the other party was impotent.
In addition to the above-described reasons, there are other legal justifications for annulling a marriage that will be discussed in a separate post. Those who fall under these categories need to know that there are many emotions that go along with the end of a marriage and the potential for an extended dispute. Discussing an annulment with a legal professional experienced in a wide range of reasons for a Texas divorce is the first step to annulling a marriage.
Source: statutes.legis.state.tx.us, “Subchapter B. Grounds for Annulment, 6.102, 6.103, 6.104. 6.105, 6.106,” accessed on Dec. 14, 2015